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Clerk & Lindsell on Torts
Clerk & Lindsell on Torts
22nd Edition, 1st Supplement
Series:  Common Law Library
Practice Area:  Tort
ISBN:  9780414069985
Published by:  Sweet & Maxwell
Publication Date:  30 Nov 2018
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.

The First Supplement to the Twenty-Second Edition brings the Main Work fully up to date with the latest developments, including decisions of the Supreme Court in:

  • Robinson v Chief Constable of West Yorkshire on the duty of care owed by the police to members of the public when effecting an arrest of a suspected offender
  • Commissioner of Police of the Metropolis v DSD where it was held that art.3 ECHR imposes an obligation on the state to conduct an effective investigation into crimes involving serious violence to persons and that serious defects in the investigation of the particular case were sufficient to amount to a breach of the obligation
  • Dryden v Johnson Matthey Plc on the meaning of “damage” in personal injury claims
  • Steel v NRAM Ltd (formerly NRAM Plc) on the duty of care owed by a solicitor to a third party in claims for negligent misrepresentation
  • JSC BTA Bank v Khrapunov on the requirements to establish tortious conspiracy
  • Tiuta International Ltd (In Liquidation) v De Villiers Chartered Surveyors Ltd on the liability of a valuer where a lender advances monies against over-valued security and part of those monies goes to pay off old indebtedness to the same lender
  • R. (Mott) v Environment Agency holding that the imposition of restrictions on fishing licences which impacted disproportionately on the applicant’s livelihood were a breach of the First Protocol, art.1 ECHR
  • R. (on the application of Haralambous) v St Albans Crown Court holding that there is no obligation to disclose to the party affected by a search warrant the material upon which the magistrates relied when deciding to grant the warrant
And in the Court of Appeal, including:
  • CN v Poole BC holding that a local authority did not owe a duty of care arising out of the authority’s responsibilities under the Children Act 1989 to vulnerable children who were being subjected to harassment and abuse by neighbours
  • BAE Systems (Operations) Ltd v Konczak on the apportionment of damage to different causes in cases of psychiatric harm
  • Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd on the ex turpi causa defence
  • Lungowe v Vedanta Resources Plc and His Royal Highness Okpabi v Royal Dutch Shell Plc on the potential liability of a parent company in respect of alleged damage caused by the activities of a subsidiary company overseas
  • Smith v Lancashire Teaching Hospitals NHS Foundation Trust holding that s.1A(2) of the Fatal Accidents Act 1976 was incompatible with the ECHR by excluding a co-habitee of more than two years from claiming bereavement damages
  • Shepherd v Collect Investments Ltd on the calculation of damages for trespass to land
  • Network Rail Infrastructure Ltd v Williams on the liability of an occupier in nuisance for the spread of Japanese knotweed
  • Bussey v 00654701 Ltd (formerly Anglia Heating) on the knowledge an employer ought to have acquired of the risk posed by the exposure of employees to asbestos and the relevance of a Technical Data Note published by HM Factory Inspectorate

Key features:

  • Provides unrivalled breadth and depth of coverage on all areas of tort law
  • Sets out the general principles, including liability and causation, and details the practice and procedure of seeking solutions
  • Explains the general defences, such as claimant’s wrongdoing, contributory negligence, consent and assumption of risk, exclusion of liability and miscellaneous defences
  • Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from foreign torts to negligence, from breach of statutory duty to professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability
  • Deals with important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass of land and dispossession, from animals’ liability to nuisance and Rylands v Fletcher implications, and from malicious falsehood to economic torts
  • Discusses statutory IP rights, passing off and breach of confidence and privacy
  • Includes a fully updated chapter on Defamation to take in the changes in law brought in with the Defamation Act 2013
  • Deals extensively with damages
  • Covers injunctions and limitation periods
  • Includes discussion of self-help and discharge of torts
  • Considers relevant human rights issues

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CONTENTS
  • Chapter 1: Principles of Liability in Tort;
  • Chapter 2: Causation in Tort: General Principles;
  • Chapter 3: General Defences;
  • Chapter 4: Joint Liability and Contribution;
  • Chapter 5: Capacity and Parties;
  • Chapter 6: Vicarious Liability;
  • Chapter 7: Foreign Torts;
  • Chapter 8: Negligence;
  • Chapter 9: Breach of Statutory Duty;
  • Chapter 10: Professional Liability;
  • Chapter 11: Product Liability and Consumer Protection;
  • Chapter 12: Occupiers’ Liability and Defective Premises;
  • Chapter 13: Employers’ Liability;
  • Chapter 14: Public Service Liability;
  • Chapter 15: Trespass to the Person;
  • Chapter 16: Malicious Prosecution;
  • Chapter 17: Wrongful Interference with Goods;
  • Chapter 18: Deceit;
  • Chapter 19: Trespass to Land and Dispossession;
  • Chapter 20: Nuisance and Rylands v Fletcher;
  • Chapter 21: Animals;
  • Chapter 22: Defamation;
  • Chapter 23: Malicious Falsehood;
  • Chapter 24: Economic Torts;
  • Chapter 25: Statutory Intellectual Property Rights;
  • Chapter 26: Passing off;
  • Chapter 27: Breach of Confidence and Privacy;
  • Chapter 28: Damages;
  • Chapter 29: Injunctions;
  • Chapter 30: Self-Help;
  • Chapter 31: Discharge of Torts;
  • Chapter 32: Limitation


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